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eBook details

• Title: Bonner v. United States
• Author : United States Supreme Court
• Release Date : January 01, 1869
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Mr. Hoar, Attorney-General, and Mr. Talbot, special counsel, for the United States, having argued the question of merits, in reply to Mr. J. J. Coombs, for the appellant, contended that there was a defect in the appellant's case on its face; that the allegation of the petition was of property held in trust by the United States for the satisfaction of these bounty warrants, and of a violation of this trust by the trustee; with a prayer not for judgment for a sum of money, but in fact for any equitable relief; that the Court of Claims being created by statute, its equitable jurisdiction was to be sought for in the acts of Congress defining its powers; and that there no such jurisdiction could be found. It was not authorized to give judgment except upon the basis of an act of Congress, a regulation of an executive department, or a contract, which terms did not include a case of trust arising out of a Virginia bounty-land warrant. If the position of the counsel of the United States, that the Court of Claims has no authority to hear a case of this character, be well taken, we are relieved of the necessity of deciding the merits of the controversy.

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